Mohave County miner., 1887-02-05
the couaTY SEAT CONTEST.
ENDED sYA DgclsloN or TIE
SUPREME COURT.
Full Text Of The Judgment.

Bomewhat impaired by the feinosai Vi
the county seat to Kinginan, employed
counsel from abroad tocontest the reInov-
al and endeayor by some hook or crook
to have the county seat removed back
again to Mineral Park. II. NJ. Sanford
ESD, the sell-known Prescott Attorney,
was the leading counsel employed by
these parties, and the matter was brought
to an issue on his application 10 the SUI
preme Court for writ oi mandate TO COM
pei the Board Of Supervisors to make a
recount OF the votes east at the late cleo
ton, and throw out certain votes alleged
4, have been Illegally cast, by which the
vote on the county seat would have been
changed.
The petition was made TO the Supreme
Court in the first instance, on the ground
that the Court Commissioner OF the Dis
trist Court and the County Judge OF this
county had both removed their Offices 10
| tho new county seat, AID, hence, had be-
| come interested and prejudioed parties.
After some argument the Supreme Court
finally agreed 10 hear The petition and APP
pointed day for 70 doing, but at the
same time allowed our Board OF superyis-
ors, the defendants against whom the ac-
ton was brought, TO appear by counsel
and present their side OF the case. The
case for the plaintiffs was ably argued by
Nr. Sanford, who supported his argument
by some forty-seyen pages of atiidayits
made by G, Il. Sherman, referring 10 nu-
merous alleged Irregularities in the eiec-
ton. We regret that lack cf space pre-
vents the publication Of these aiiiityits
which wouli be interesting rcading to
many OF our citizens, some of whom have
lived in the county ten or fifteen years.
who are charged with having illegally
voted. Judge sumner Howard and Judge
Rush argued the case for the Board oi
Supervisors, and that they did 1t well il
shown by the judgment Of the Court, q
full copy OF which il IA follows:
BY statute approved February 2sth. 1885
il was enact,d tlat the on siifed voters OF
Mohaye county should at .hs next genera
election, Ge ,igtats by ballot the locality 70,
the county seat Of sud county. ThIt at
said election any voter might DC sipnats upor
his ballot p.ace for such county seat and
that all such votes should be received .ccuat
cd and returned as other votes: and thai thu
place receiving the highest numbsr OF votes
shall be the county seat. All acts in coa-
fic. with that ret are hereby repealed.
i The petition on the relation OF Cbss. "
Sherman alleges that at the last genera
olec tion votes we're east in Mohaye ooun, y
on lhe qasstion Of the location Of the coun
ty seat snd that the Board Of Canyasser
canvasssd the votes cast and declared tha
Ringman had received a ma joriiy ard tina
thereupon the ccrniy officers, tie u eriiI
County Judge and Others, removed thti
. offices and tho records of the county I,
i. Kingman. f
Il The petition alleges that many votes wsr
. ca II by persona no.. citizens and tkefcfor
not legal votes. That many votes vsrecas
by reno II vino reJidei IN precincts other
than where the votes were cas. and 50 wer
illegal votes. Many irregularities ~ rnak
ing up. certifying and transmitting tie -a
turns are alleged. The pet,tion asks for
writ VI rnandamus requiring The Board 0
canvassess to again csuyass tho returns o
said election. 1t also axis the Court 10 il.
gnire by issues prepared and sent down =
the District Court into the Legality of tll
i votes alleged TO 10 illega! AMI 10 purge tn
rs.nrrs Of ssid e.so,icn a ~ Illegal vote
, ind Irregularities before tbs Boaid of Can
yassers he required to canvass such returns
In short. it 10 seughi by this proceeding b
contest this elect or.
Ore question we must dispose Of at th
threshold. IL has been urged with lrea
force and ability that the law arihoriziu
, the election is invalid In that 1t attempts :
: delega.e Legislative powets to the voters .
| Mohaye county. The iccasion Of a count
. seat sh,uld be aetermil ed by E.e people Q
/ county. Their interests and cohvenierc
should alone be consulted. SO in most 0
the states Laws hayo baen enactcd b,
which vote Of the people should determin
the question. No case has been 0itsd thu
decides such laws to bc invalid. Ttey hny
2 besn aoquieSsed ian by Courss ard the ii'
makers too long now TO question .hei
|, validity. Tie case CT Calayeras Go. va
Brockway 20 Cal. 326, treats such Law n
valid. So do the cases Of Nebraska OK Ie
VS. stsarns II Neb. Ioi, Boren IS smith 4
, III, ,4s2. II las leon held thst where tn
fact Of an enactment becoming a Law
made TO depend upon p prlar vcte defeat
D tho Law. s. ara * ,
Barte rs. Lowell 8 N. Y. ss3, where
: school law made dependent upon tie ado1
ton by the people, and cx.parte Wall, 4
Cal. Zi9, where prollibitory law made ds
pendent upon edoption by vote, are case
that held thst such laws were to be void.
Much authority may DO foDgd pro an
con upon this vsxod question: yet the ten
dency Of authori ty and practice IL evi
IDENTIFY toward a recognition Of their ,alidi
ty.
: Fence laws, stock laws, liquor laws, IL
, fact great nombcr Of local option Law
, lave been enacted and sustained by th
, Courts. Bat the law ip This case is no
made dependent upon vote. 1t enact
that tie county seat shall to where the vot
ers designate, and repeals all acts in CON
fiict thercwith.
We are compelled to loii that tho law Il
valid. Tie next question 10 be considered
is whether n,andamus is the proper remedy
Yha ,,,txu,cn sf yIsa xarnA1v fu A., xa<,,,; ..